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Home My WebLink About98-02420 .~ 1'1 . I "', '. ['.'~ " ~ie, . , , ~ , 0 '9. ~ ~ !' ~ ~ ",. Vi >- L'-! '. ... ~ " g' j' , " ~ .., , ; -' ,',' . -f ,.J.i ~ . , ,.' . e{' ~. il I ~ i I! i i . !'Jt:~; : J t MJ' ,,' ,. 1iI'" ~ p ,'., . - - -,~ 'Dl-'_'L~- ':--;;r~)\; " ;',;:- ;L~ :,{,~ :~ /,..;:j ~, '-', "". ". , p" : " 'I' , (~. ' -4 ' ; " I"~ ,-,j",",,'. "-"",,,, ", .. . . '. . ,. 6, At the same time and place. Defendant was operating a 1983 Dodge automobile in a northerly direction, 7, As Defendant approached Pla/ntill's vehicle, he swerved into Plaintiff's lane at the last second and struck Plaintiff's vehicle head-on, 8, Defendant's vehirle left no skid marks prior to the colliSion, 9, As Defendant's vehicle swerved into her lane. Plaintiff was immediately terrified and feared that she was going to die, 10, The violence of the collision was such that it totally demolished Plaintiff's vehicle and ultimately resulted in Defendant' vehiele's coming to rest on its roof in the northbound lane of Pennsylvania Route 34, II. As a result of the grinding head-on collision, Plaintiff's vehicle was so extensively demolished that she WIlS entrapped in the vehicle for more than a half hour during which time she was terrified and in great pain, -2- ~ .,-'\ , . , BRIDGET IDDINGS PLAINTIFF v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO, 98.2420 CIVIL ACTION. AT LAW NORMAN M, KOCH, JR, DEFENDANT JURY TRIAL DEMANDED !!JLQ.POENA TO PRODUC.E DQ~UMENT!! OR THINGl! FOR DISCOVERY PURSU~NT TO RULE 4009,22 TO: Carlisle Hospital and Health Sorvlces Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: SEE ATTACt!.!;Q at the offices of Nealon & Gover, 301 Market Street, 9'" Floor, Harrisburg, PA 17101. You may deliver or mall legible copies of the documents or produce things requested by this Subpoena, together with the Certificate of Compliance, 10 the party making this request at the address listed above. You have the right to seek In advance the reasonable cost of preparing the copies or producing the things sought. If you fall to produce the documents or things required by this Subpoena within twenty (20) days after its service, the party serving this Subpoena may seek a Court Order compelling you to comply with it. This Subpoena was issued at the request of the following person: Christopher J, Knight, Esquire 301 Market Street, 9'h Floor Harrisburg, PA 17101 717.232-9900 Attorney for Defendant BY THE COURT: DATED: 1/-/3- 91 ~.h~. PROTHO 0 RY Seal of the Court NEALON' & GOVER ATTO}{NEYS,l\r LAW --- \.I NORTH CIII'.RRY l.ANI': YORK, PI'.NNSYl.VA:-M 174111 717.8l!.7iHH (CORRIeSI'OND TO HARRISBURG I Illl MARKIeT STRI'.!',T 1'" l'l.llOR 1',0. BOX iol IlARRISBlIR';, PENNSYl.VANIA Pill! 111-l.l!.9!1lHI I'AX: ,/17.1.10,9119 November 24, 1998 Belvedere Medical Center 850 Walnut Bottom Road Carlisle, PA 17013 In Re: Bridget LeAnn Iddings Sodal Security #: 193-60-5408 Dear Records Custodian: You are being served with a Notice and Subpoena for you to bring the records referred to In the Subpoena for examination hy the undersigned at the time and place indicated, In serving upon you the Notice and Subpoena, I am proceeding under applicable Pennsylvania Rules of Civil Procedure, A copy of the Subpoena and a Notice of Intent to Service the Subpoena was served upon the attorney for the Plaintiff more than 20 days ago. No objections to the Subpoena have been filed If you would prefer, you may in advance of the deposition datE! send us photocopies of the reoords. With such photocopies, please include your statement for the cost of preparing the same, which we will promptly pay, In addition, YOll must complete the enclosed Certificate of Compliance, Upon receipt of such photocopies and the completed Certificate of Compliance by this office, your appearance will be canceled and the Subpoena withdrawn. Your cooperation in this matter is appreciated. Should there be any questions, please telephone the undersigned at the above number. Sincerely, f2)~ cv ~..... ()..JL-. Barbara Baker, Paralegal NEALON & GOVER BJB/bjb Ehclosures JAMES G. NEALON III " MATTHEW R. GOVER. BRIAN W. PERRY" CHRISTOPHER J, KNIGHT A PROFESSIONAl. CORI'ORATION " . " BRIDGET IDDINGS PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA, v, NO, 98.2420 CIVIL ACTION. AT LAW NORMAN M. KOCH, JR, DEFENDANT JURY TRIAL DEMANDED ~UBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009,22 TO: Belvedore Medical Center Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things SEE ATTACHED at the offices of Nealon & Gover, 301 Market Street, 9th Floor, Harrisburg, PA 17101. You may deliver or mail legible copies of the documents or produce things requested by this Subpoena, together with the Certificate of Compliance, to the party making this request at the address listed above You have the right to seek in advance tile reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this Subpoena within twenty (20) days after its service, the party serving this Subpoena may seek a Court Order compelling you to comply with it. This Subpoena was issued at the request of the following person: Christopher J, Knight, Esquire 301 Market Street, 9'h Floor Harrisburg, PA 17101 717 .232.9900 Attorney for Defendant BY THE COURT: \ I .\ I I I I i DA TE:o:jl' J 3- 9 't ) 5/ f:lo~t ;)./?~ tmrr; , PROTHONOTAR Seal of the Court NEAtON '& GOVER ATTOfl,NEYSAT LAW JOI MARKf:T snUWT. 9'" Fl.OOR 1',0, ROX 8.1 BARRISIlURO, 1'F.NNSYI.VANIA 1710H 717.lJJ..9900 I'AX, 717.11',9119 II NORTII CIIERRY l.ANE YORK, PENNSYLVANIA 17401 7IHll,7HHH (CORRI,SPONIl TO IIARRISllllRG) November 24, 1998 Penn's Wood Physical Therapy 425 Stonehedge Drive Carlisle, PA 17013 In Re: Bridget LeAnn Iddings Social Security #: 193-60-5408 Dear Records Custodian: You are being served with a Notice and SUbpoena for you to bring the records referred to in the Subpoena for examination by the undersigned at the lime and place indicated, In serving upon you the Notice and Subpoena, I am proceeding under applicable Pennsylvania Rules of Civil Procedure, A copy of the Subpoena and a Notice of Intent to Service the Subpoena was served upon the attorney for the Plaintiff more than 20 days ago, No objections to the Subpoena have been filed, If YOll would prefer, you may in advance of the deposition date send us photocopies of the re,~ords, With such photocopies, please include your statement for the cost of preparin\j the same, which we will promptly pay, In addition, you must complete the enclosed Certificate of Compliance, Upon receipt of such photocopies and the completed Certificate of Compliance by this office, your appearance will be canceled and the Subpoena withdrawn, Your cooperation in this matter is appreciated, Should there be any questions, please telephone the undersigned at the above number, Sincerely, BJB/bJb Enclosures ()~~~~ Barbara Baker, Paralegal NEALON & GOVER JAMES G, NEALON 1Il . MAT'llffiW R, GOVER. BRIAN W, PERRY. CHRISTOPHER J, KNIGHT A PROFE.SSION^L CORPORATION NEALON & GOVER ATTORNEYS AT l.AW JOI MARKin' STREET. 9'" FLOOR 1',0, BOX 8.5 HARRISllllRli, PENNSYl.I'ANIA 17IOH 717-lJJ.9~~l FAX, '1\7.!I"Y119 1.1 NORTH CIIliRRY l.ANE YORK, PI':NNSYl.VANIA 11401 717.U;!.7N88 (COllRESI'ONIl To IIARRISIIUROI November 24, 1998 Currie & Hecht Oral and Maxillofacial Surgeon, PC 338 Alexander Spring Road, Suite B Carlisle, PA 17013 In Re: Bridget LeAnn Iddings Social Security #: 193-60-5408 Dear Records Custodian: You are being served with a Notice and Subpoena for you to bring the records referred to in the Subpoena for examination by the undersigned at the time and place indicated, In serving upon you the Notice and Subpoena, I am proceeding under applicable Pennsylvania Rules of Civil Procedure, A copy of the Subpoena and a Notice of Intent to Service the Subpoena was served upon the attorney for the Plaintiff more than 20 days ago, No objections to the Subpoena have been filed, If you would prefer, you may in advance of the deposition date send us photocopies of the records, With such photocopies, please include your statement for the cost of preparing the same, which we will promptly pay, In addition, you must complete the enclosed Certificate of Compliance, Upon receipt of such photocopies and the completed Certificate of Compliance by this office, your appearance will be canceled and the Subpoena withdrawn, Your cooperation In this matter Is appreciated, SllOUld there be any questions, please telephone the undersigned at the above number, Sincerely, BJB/bJb Enclosures 0M-b~- r)t>~ Barbara Baker, Paralegal NEALON & GOVER JAMES G, NEALON III . MATTHEW R, GOVER. BRIAN W, PERRY. CHRISTOPHER j, KNIGHT A PROf1!SSIONAI. COflPOItATlON - EXPLANATION OF REQ!.1IRED RECQBDS I I .1 r I I i TO: Custodian of Records For: Currie & Hecht Oral and Maxillofacial Surgeion, P,C, ANY AND ALL MEDICAL RECORDS, OFFICE NOTES, COkRESPONDENCE, MEMORANDUM, INSURANCE FORMS, PROGRESS NOTES, REPORTS OR OTHER DOCUMENTS RELATING TO ANY EXAMINATION, CONSULTATION, CARE OR TREATMENT, DA TES REQUESTED: SUBJECT: SOCIAL SECURITY #: DATE OF BIRTH: Up to and Including the Present Bridget LeAnn Iddings 193-60-5408 9-14-79 i,' T,,) 6, Since the Defendant's Answer was flied prior to the Release being e~eouted by the Plaintiff, Defendant did not plead the affirmative defense of release In a New Matter as required by Pa,RC,P, 1030, WHEREFORE, the Defendant. Norman M, Koch, Jr" respectfully seeks leave of Court to amend his Answer to Include the affirmative defense of release under the heading "New Matter", 7, Paragraphs 1 through 6 above are Incorporated herein by refe(en':d as If tully set forth at length, 8, The Release executed by the Plaintiff and attached hereto and Incorporated herein as Exhibit "A" provides that the Defendant is released by the Plaintiff and forever discharged from any further liability arising from the motor vehicle accident underlying the Instant matter and therefore no genuine issue of any material fact exists in this case and the entry of summary judgment in favor of the Defendant would be appropriate, WHEREFORE, there being no genuine Issue as to any material fact, the Defendant, Norman M. Koch, Jr" respectfully requests this Honorable Court to enter summary judgment in his favor, Respectfully submitted, By: N & GOVER /L_~ fl~~~-, Chrlstopn I' J, Knight, Esquire Atty. 1.0, 80058 301 Mar et Street -- 9th Floor P,O, Box 865 Harrisburg, PA 17108-0865 (717) 232-9900 RELEASE OF ALL CLAIMS THIS INDENTURE WITNESSETH that I, Bridget L. Iddings, in consideration of the sum of Twenty-Five Thousand Dollars, ($25,000,00), receipt whereof Is hereby acknowledged, for myself and my heirs, personal representatives and assigns, do hereby relealle and forever discharge Norman Matthew Koch, Jr" and the Allstate Insurance Company, from any and all claims, demands, damages, costs, expenses, loss of services, actions and causes of action, arising from any act or occurrence up to the present time and particularly on account of all personal Injury, disability, property damage, loss or damages of any kind already sustained or that ma~1 hereafter sustain, arising Ollt of an accident which occurred on or about the a"' day of June, 1996, at approximatoly 9:30 p,m, on Pennsylvania State Route 34, aprl'o:<lmatt'lly ona and one- half miles south of the Borough of Carlisle, Cumberland County, Pennsylvania, To procure payment of the said sum, I hereby declare that I am more than 18 years of age; that no representations about the nature and extent of said injuries, disabilities or damages made by any physician, attorney or agent of any party hf3reby ,released, nor any representations regarding the nature and extent of legal liability or financial responsibility of any of the parties hereby released, have induced me to make this settlement; that in determining said sum there has been taken Into consideration not only the ascertained injuries, disabilities and damages, but also the possibility that the injuries sustained may be permanent and progressive and recovery therefrom uncertain and Indefinite, so that consequences not now anticipated may result from the said accident. I hereby agree that, as a further consideration and Inducement for this compromise settlement, this settlement shall apply 1.0 all unknown and unanticipated injuries and damages resulting from said accident, casualtybt event, as well as to those now disclosed, 11Inderstand that the parties released admit no liability of any sort by reason of said accidents and that said payment and settlement in compromise is made to terminate further controversy respecting all claims for damages that have heretofore asserted or that our personal representatives might hereafter assert because of said accidents, 1 "'-., . ~. '~ b , I., ,. i., , ,. 0\' >- "'" - ,1.1; J.~l iflf;!) ." ,"'.... >~,;-jl , '0. _.:r C'1;i.' ...".;,. "...oJ ~i: ~r; , ",,:-l~;;i' f-:"l'~ l' LO I~no.. ' .v1 ) (.) c.! il .~ " ..UI ----'-' . ;g . UI ,.. I "ll ~ ,,' . .~ .. ~ " ~.~~ .j lJ' II IU ~ " .JJ g~ ' , , I". ,.-: ,. " " ' , ,",-- , ;' !~- '" ~ ~' . ~ . .~ ',e", ".. . . , ,